What distinguishes “criminal law” from all other law? This question should be central to both criminal law theory and criminal justice reform. Clarity about the distinctive feature of criminal law is especially important in the current moment, as the nation awakens to the damage that the carceral state has wrought and reformers debate the value and the future of criminal law institutions. Foundational though it is, however, the question has received limited attention. There is no clear consensus among contemporary scholars (...) or reformers about what makes the criminal law unique. This Essay argues that Antony Duff’s The Realm of Criminal Law offers an answer—and that the answer is correct. Duff rightly diagnoses criminal law as unique by virtue of the fact that it censures particular acts in the polity’s name. It is a mechanism of collective condemnation. The Essay advocates recognition of this concept of criminal law and draws out implications for both criminal law theory and criminal law reform. (shrink)
Douglas Husak contends that both criminalization and punishment can serve preventive goals, so long as they respect retributive culpability constraints. This Essay draws on Husak’s work to argue that, while Husak is right to defend the legitimacy of criminal law as a preventive endeavor, preventive coercion is also permissible on consequentialist grounds alone, outside the culpability constraints of the criminal law. The Essay presents a unified consequentialist theory of preventive coercion, addresses deontological objections to ‘pure’ preventive detention, and argues that (...) a consequentialist approach to prevention might ultimately be more protective of liberty and equality interests than the deontological ‘mad or bad’ approach that currently dominates Anglo-American jurisprudence and legal theory. (shrink)
This essay is a critical review of Sandra Harding's The Science Question in Feminism. Her text constitutes a monumental effort to capture an overview of recent feminist critique of science and to develop a feminist dialectical and materialist conception of the history of masculinist science. In this analysis of Harding's work, the organizing categories as well as the main assumptions of the text are reconstructed for closer examination within the context of modern feminist critique of science and feminist theory (...) in general. Although a postive review of Harding's text is presented, questions are raised concerning the adequacy of socialist feminist assumptions for such a project, the limitations of Harding's theorization of gender, and the appropriateness of "postmodernism" as a final category of residence. (shrink)
In the mid-1970s and early 1980s, several feminist theorists began developing alternatives to the traditional methods of scientific research. The result was a new theory, now recognized as Standpoint Theory, which caused heated debate and radically altered the way research is conducted. The Feminist Standpoint Theory Reader is the first anthology to collect the most important essays on the subject as well as more recent works that bring the topic up-to-date. Leading feminist scholar and one of the founders of Standpoint (...) Theory, Sandra Harding brings together the a prestigious list of scholars--Dorothy Smith, Donna Haraway, Patricia Hill Collins, Nancy Hartsock and Hilary Rose--to not only showcase the most influential essays on the topic but to also highlight subsequent developments of these approaches from a wide variety of disciplines and intellectual and political positions. The Reader will be essential reading for feminist scholars. (shrink)
This collection of essays, first published two decades ago, presents central feminist critiques and analyses of natural and social sciences and their philosophies. Unfortunately, in spite of the brilliant body of research and scholarship in these fields in subsequent decades, the insights of these essays remain as timely now as they were then: philosophy and the sciences still presume kinds of social innocence to which they are not entitled. The essays focus on Plato, Aristotle, Descartes, Hobbes, Rousseau, and Marx; on (...) the 'adversary method' model of philosophic reasoning; on principles of individuation on philosophical ontology and philosophy of language; on individualistic assumptions in psychology; functionalism in sociological and biological theory; evolutionary theory; the methodology of political science; and conceptions of objective inquiry in the sciences. In taking insights of both Liberal and Marxian women's movements into the purportedly most abstract and value-free areas of Western thought, these essays chart sexist and androcentric assumptions, claims and practices in the cognitive, technical cores of Western sciences and their philosophies. They begin to identify the distinctive aspects of women's experiences and locations in male-supremacist social structures which can provide resources needed for the creation of post-androcentric thinking in research, scholarship, and public policy. Such uses of feminist insights remain controversial today, and even among some feminists. These authors were all junior researchers and scholars two decades ago; today many are among the most distinguished senior scholars in their fields. Their work here provides a splendid opportunity for upper-level undergraduate and graduate students in philosophy and the social sciences to explore some of the most intriguing and controversial challenges to disciplinary projects and to public policy today. (shrink)
Appearing in the feminist social science literature from its beginnings are a series of questions about methodology. In this collection, Sandra Harding interrogates some of the classic essays from the last fifteen years in order to explore the basic and troubling questions about science and social experience, gender, and politics.
"The classic and recent essays gathered here will challenge scholars in the natural sciences, philosophy, sociology, anthropology, and women’s studies to examine the role of racism in the construction and application of the sciences. Harding... has also created a useful text for diverse classroom settings." —Library Journal "A rich lode of readily accessible thought on the nature and practice of science in society. Highly recommended." —Choice "This is an excellent collection of essays that should prove useful in a wide range (...) of STS courses." —Science, Technology, and Society "... important and provocative... "—The Women’s Review of Books "The timeliness and utility of this large interdisciplinary reader on the relation of Western science to other cultures and to world history can hardly be overemphasized. It provides a tremendous resource for teaching and for research... "—Ethics "Excellent." —The Reader’s Review "Sandra Harding is an intellectually fearless scholar. She has assembled a bold, impressive collection of essays to make a volume of illuminating power. This brilliantly edited book is essential reading for all who seek understanding of the multicultural debates of our age. Never has a book been more timely." —Darlene Clark Hine These authors dispute science’s legitimation of culturally approved definitions of race difference—including craniology and the measurement of IQ, the notorious Tuskegee syphilis experiments, and the dependence of Third World research on First World agendas. (shrink)
In this pioneering new book, Sandra Harding and Robert Figueroa bring together an important collection of original essays by leading philosophers exploring an extensive range of diversity issues for the philosophy of science and technology. The essays gathered in this volume extend current philosophical discussion of science and technology beyond the standard feminist and gender analyses that have flourished over the past two decades, by bringing a thorough and truly diverse set of cultural, racial, and ethical concerns to bear (...) on questioning in these areas. Science and Other Cultures charts important new directions in ongoing discussions of science and technology, and makes a significant contribution to both scholarly and teaching resources available in the field. (shrink)
Carnap reports that while all of the members of the Vienna Circle "were strongly interested in social and political progress," except for Neurath, they all insisted that the "intrusion" of political points of view into the methodology of science would violate the purity of scientific method. In opposition to this still dominant view of the relationship between moral/political values and objective inquiry, this paper specifies four ways in which certain moral/political values are necessary for maximizing objective inquiry in social science. (...) If this argument is correct, a better conception of objectivity is needed. (shrink)
The problem of assessing the sustainability of human development is discussed in theoretical and practical terms.In Part I, two theoretical tools for describing the challenge of assessing sustainable development are introduced and briefly discussed: (i) the use of an energetic model to describe the dynamic interaction between the human and the biophysical compartment; (ii) basic concepts derived from the hierarchy theory applied to the development of human society. Sustainable and ethical development of human society requires the consideration of three hierarchical (...) levels: the biosphere, the societal and the individual level. Such a holistic assessment can be obtained by integrating scientific and ethical considerations. (shrink)
The dorsal anterior cingulate cortex is a key node in the human salience network. It has been ascribed motor, pain-processing and affective functions. However, the dynamics of information flow in this complex region and how it responds to inputs remain unclear and are difficult to study using non-invasive electrophysiology. The area is targeted by neurosurgery to treat neuropathic pain. During deep brain stimulation surgery, we recorded local field potentials from this region in humans during a decision-making task requiring motor output. (...) We investigated the spatial and temporal distribution of information flow within the dACC. We demonstrate the existence of a distributed network within the anterior cingulate cortex where discrete nodes demonstrate directed communication following inputs. We show that this network anticipates and responds to the valence of feedback to actions. We further show that these network dynamics adapt following learning. Our results provide evidence for the integration of learning and the response to feedback in a key cognitive region. (shrink)
Sandra Harding’s Objectivity and Diversity deals with the epistemic and political limitations of a conception of scientific objectivity that, according to the author, is still in force in our societies. However, in this conception of objectivity, diversity (e.g., of individuals and communities of knowledge, but also, and especially, agendas, models of participation and even styles of reasoning in decision making) still plays a limited and undeserved role.
The sixteen essays in Gender Struggles address a wide range of issues in gender struggles, from the more familiar ones that, for the last thirty years, have been the mainstay of feminist scholarship, such as motherhood, beauty, and sexual violence, to new topics inspired by post-industrialization and multiculturalism, such as the welfare state, cyberspace, hate speech, and queer politics, and finally to topics that traditionally have not been seen as appropriate subjects for philosophizing, such as adoption, care work, and the (...) home. (shrink)
One of Israel Kirzners less wellknown contributions is to the theory of capital. In this paper, we link the Austrian theory of capital and the theory of economic organization. Our starting point is the key Austrian notion of capital heterogeneity which we interpret in terms of attributes. Most capital assets are multi-attribute in nature, and many attributes may not be known to entrepreneurs. This fosters a need for experimenting with capital combinations. Because there are costs of measuring attributes, this process (...) has implications for economic organization. Thus, we argue that novel implications for the understanding of ownership and the existence and boundaries of firms may be teased out of such a perspective.La théorie du capital représente une des contributions les moins connues dIsrael Kirzner. Dans cet article, nous établissons le lien entre la théorie autrichienne du capital et la théorie de lorganisation économique. Notre point de départ est la notion autrichienne fondamentale dhétérogénéité du capital que nous interprétons en termes dattributs. De par leur nature, la plupart des biens capitaux possèdent plusieurs attributs qui peuvent demeurer inconnus aux entrepreneurs. Ceci accroît la nécessité dexpérimenter des combinaisons capitalistiques. Etant donné les coûts quentraîne la mesure des attributs, ce processus a des implications quant à lorganisation économique. Ainsi, cette perspective permet de tirer de nouvelles implications pour notre compréhension de la propriété, de lexistence et de la taille des firmes. (shrink)
Identity, Morality, and Threat offers a critical examination of the social psychological processes that generate outgroup devaluation and ingroup glorification as the source of conflict. Daniel Rothbart and Karyna Korostelina bring together essays analyzing the causal relationship between escalating violence and opposing images of the Self and Other.
At the forefront of international concerns about global legislation and regulation, a host of noted environmentalists and business ethicists examine ethical issues in consumption from the points of view of environmental sustainability, economic development, and free enterprise.
Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)
_John Dewey and Continental Philosophy_ provides a rich sampling of exchanges that could have taken place long ago between the traditions of American pragmatism and continental philosophy had the lines of communication been more open between Dewey and his European contemporaries. Since they were not, Paul Fairfield and thirteen of his colleagues seek to remedy the situation by bringing the philosophy of Dewey into conversation with several currents in continental philosophical thought, from post-Kantian idealism and the work of Friedrich Nietzsche (...) to twentieth-century phenomenology, hermeneutics, and poststructuralism. This unique volume includes discussions comparing and contrasting Dewey with the German philosophers G. W. F. Hegel, Friedrich Nietzsche, Martin Heidegger, and Hans-Georg Gadamer on such topics as phenomenology, naturalism, organicism, contextualism, and poetry. Others investigate a series of connections between Dewey and contemporary French philosophy, including the notions of subjectivity, education, and the critique of modernity in Michel Foucault; language and politics in Jacques Derrida; and the concept of experience in Gilles Deleuze. Also discussed is the question of whether we can identify traces of _Bildung_ in Dewey’s writings on education, and pragmatism’s complex relation to twentieth-century phenomenology and hermeneutics, including the problematic question of whether Heidegger was a pragmatist in any meaningful sense. Presented in intriguing pairings, these thirteen essays offer different approaches to the material that will leave readers with much to deliberate. _ John Dewey and Continental Philosophy_ demonstrates some of the many connections and opportunities for cross-traditional thinking that have long existed between Dewey and continental thought, but have been under-explored. The intersection presented here between Dewey’s pragmatism and the European traditions makes a significant contribution to continental and American philosophy and will spur new and important developments in the American philosophical debate. (shrink)
A collection of personal narratives and essays, Living Professionalism is designed to help medical students and residents understand and internalize various aspects of professionalism. These essays are meant for personal reflection and above all, for thoughtful discussion with mentors, with peers, with others throughout the health care provider community who care about acting professionally.
The history of science and technology has been a scholarly discipline with little attention given to the special needs of undergraduate teaching. What needs to be done to transform a discipline to an undergraduate subject? Suggestions include using the relation between science and technology as well as the role of interpreters in formulation of the popular world view. Relations with science and history departments are considered. Curriculum materials are surveyed with some recommendations for correcting deficiencies.
Drawing on her pioneering work in feminist standpoint theory, Harding articulates and defends the “strong objectivity” program, which she subsequently tests against recent discussions of objectivity and against postcolonialist science and technology studies. Strong objectivity starts with an examination of the experiences of individuals, such as women and minorities, who have traditionally been excluded from knowledge production in order to criticize prevailing standards of objectivity - especially the “weak objectivity” of allegedly value-neutral science - and to articulate stronger standards of (...) objectivity. This stance assumes that by adopting a standpoint outside of a discipline, one can achieve the distance required to critically assess the values, interests, and assumptions of that discipline. As Harding makes clear, this program is not merely interested in criticizing dominant research practices to improve the reliability and validity of science, but it is an inherently social and political project aimed at articulating standards that can produce science for social justice movements. After identifying various ways in which the strong objectivity program is consonant with major themes in recent science and technology studies research (e.g., historical work on the concept of objectivity, the dynamic co-evolution of science and society, theoretical pluralism), Harding responds to some potential objections to strong objectivity, e.g., accusations of relativism. By way of conclusion, Harding outlines her vision of a “new unification of multiple sciences” as a possible fruit of the strong objectivity program, wherein the global sciences are unified and harmonized by common goals of obtaining knowledge and developing more socially responsible societies. (shrink)